How is a decision by a Subdivision Authority appealed?
Any decision or condition issued by a Subdivision Authority may be appealed. Appeals can be to a local Subdivision and Development Appeal Board or to the Municipal Government Board (for very limited matters relating to highways or water bodies). The applicant or agent for the subdivision, government departments, the local municipality or local school authorities may launch an appeal. Adjacent landowners may not launch an appeal.
An appeal must be commenced within 14 days of receipt of a written decision. A notice of appeal must include reasons for the appeal.
In rendering a decision, the appeal body will examine the same details relating to the application as the original Subdivision Authority. The appeal boards are not bound by the same rules and regulations. Appeal decisions will be in writing and will include reasons for the decision. Appeals must be heard within 30 days of receipt of the appeal and a written decision with reasons must be issued within 15 days of the hearing.
An additional appeal may be launched to the Court of Appeal on a matter of law or jurisdiction.